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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 11. Dependence Act: elderly and handicapped
Sunday, November 30, 2008 @ 6:01 PM

 

Dependence Act, which was backed by businessmen, Trade Unions, associations for elder and handicapped people and by a big majority of policy parties, has created a new citizenship right in Spain: the right of dependent people (elderly and handicapped) to receive state support. This Law establishes the system for autonomy and dependency care as the fourth pillar of the Welfare Estate in our country, together with Health, Education and pensions system, which were developed back in the 80´s.

There are 1.125.000 dependent persons in Spain, this number will grow considerably during the next years, according to demographic previsions.
 
So far, attention to dependent people was carried out by families and especially by women.
 
This new State system guarantees elderly and handicapped people the access to the following social services:
 
- Prevention of dependency situations.
- Home care service.
- Remote care.
- Day and Night services
- Nursing homes.
- Other technical helps.
 
Together with financial helps (for helpers hiring, family care services, and individual assistance)
 
The system is also building a number of centres for elderly people care. Currently, the National Department for Work and Social Services is building centres for Physical handicapped in San Andres del Rabanedo (León), Alzheimer in Salamanca, Rare illness in Burgos and Strong Mental disorders in Valencia, among others. 
 
Basic covers are financed by the National Government. The full financing of these programmes is shared between National and Regional Governments.
 
Beneficiaries will enjoy the covers according to their economic situation, within a balance and fair scheme and always present that no beneficiary will be excluded due to lack of finances.
 
Foreigners enjoy same rights as spanish nationals if they have got five years of legal residency in Spain of which two of them need to be inmediately anterior to application.
 
Provision 14 of Law for  rights and freedom of foreigners in Spain and for their social integration:

Artículo 14. Right to Social Security and social services.

1. Foreign residents have all the rights to access  benefits and services of the Social Security under same conditions as Spanish nationals.

2. Foreign residents have rights to social services and benefits, both general and basic and specific, under same conditions than spanish nationals.

3. Foreigners, regardless their administrative situation ( residency), have rights to basic social services and benefits.

 
Information telephone is:  900 40 60 80
 
 


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3 Comments


Ray Apperley said:
Sunday, November 30, 2008 @ 5:46 PM

I presume this help only applies to Spanish Citizens and not expats


Maria said:
Sunday, November 30, 2008 @ 6:35 PM

It includes every spanish resident ( regardless nationality)


Maria said:
Sunday, November 30, 2008 @ 6:55 PM

Ray, thanks for the question as it helps me to make a fuller article and specify that foreigners with 5 years of legal residency in Spain, two of them immediately anterior to application.. can enjoy those rights.

I am starting a serie of Legal tips on rights and freedom of foreigners in Spain. It is such a comprehensive and nice catalogue.

Besos,

Maria


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